A federal indictment, unsealed September 27 in federal court, has charged 23 defendants with a conspiracy to distribute large amounts of cocaine, crack cocaine, prescription pills, and ecstasy in the Thomson, Georgia area. Several of the defendants have also been charged with weapons charges.
The indictment follows a 12-month Organized Crime Drug Enforcement Task Force (OCDETF) investigation into drug trafficking activities in Thomson and Atlanta. Agents of the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and Georgia Bureau of Investigation (GBI) conducted the joint investigation. During the investigation, agents seized drugs, money, vehicles, and guns.
United States Attorney Edward Tarver said, “This prosecution required the coordinated efforts of law enforcement on the state and federal levels to bring to justice those who profit from the scourge of illegal narcotics trafficking. The U.S. Attorney’s Office will continue to partner with federal, state, and local agencies to prosecute drug dealers and remove their drugs and dangerous weapons from our communities.”
The 23 defendants indicted on federal charges include:
WILLIAM LEON WOODS III, 30, of Atlanta, Georgia
KEVIN ELLIOTT GAINES, 29, of Thomson, Georgia
ANTONIO DANTWAN GRISSON, 27, of Thomson, Georgia
EDDIE DEWAYNE GALISON, 27, of Thomson, Georgia
GREGORY VALENTINO IVEY, 24, of Thomson, Georgia
SOLOMON MANDRELL GRIER, 32, of Thomson, Georgia
DEVICCO TROY MOSS, 29, of Thomson, Georgia
CEDRIC FERLANDO JOHNSON, 30, of Thomson, Georgia
ROBERT LEE BELTON, JR, 32, of Thomson, Georgia
CHRIS ANTONIO MOSS, 33, of Thomson, Georgia
SANTIONO TYWAN CARTLEDGE, 29, of Thomson, Georgia
TITO NAVADA HATCHER, 37, of Sparta, Georgia
ERNEST ROYMETTRIS HATCHER, 28, of Sparta, Georgia
SANCHEZ VANQUIS JONES, 27, of Thomson, Georgia
ROBERT LEE WILLIAMS, 31, of Thomson, Georgia
ROBERT LEE NEAL, 49, of Thomson, Georgia
JAMES BOUTTRY, JR., 24, of Thomson, Georgia
JAMARIO QUILTON LEE, 26, Thomson, Georgia
MARIO DEANGELO CLEMONS, 28, of Thomson, Georgia
QUANTAVIOUS ANTWAIN DAWSON, 26, of Thomson, Georgia
CHRISTINE MICHELLE WILLINGHAM, 36, of Appling, Georgia
APRIL OLIVIA DAWSON, 37, of Thomson, Georgia, and
DEBRA GAINES, 48, of Thomson, Georgia.
Mr. Tarver stressed that an indictment is only an accusation and is not evidence of guilt. The defendants are entitled to a fair trial, during which it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt.
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Thursday, September 30, 2010
Twenty-Three Defendants Indicted on Federal Drug Trafficking and Weapons Charges
Monday, September 20, 2010
Woman Indicted for Trafficking Young Women from Nigeria to Work for Her as Nannies
BIDEMI BELLO, 41, a former resident of Buford, Georgia and a citizen of Nigeria, was arraigned today before United States Magistrate Judge Janet King, following an indictment issued by a federal grand jury on September 10, 2010. BELLO faces federal charges of forced labor, trafficking with respect to forced labor, document servitude, and alien harboring.
United States Attorney Sally Quillian Yates said of the case, “Forcing young women to work without compensation for their services is modern day slavery. The laws of the United States protect all victims from such abuse, regardless of where they came from or how they came to be in the United States.”
“The use of violence, threats, and intimidation to force individuals to work is reprehensible and illegal,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “In our country, we have the right to choose to perform or not perform labor or services, and the Department of Justice is committed to prosecuting individuals who force persons to do work against their will.”
Brian D. Lamkin, Special Agent in Charge, FBI Atlanta Field Office, stated: “Human trafficking is not only a global problem but a very real problem for the FBI and its law enforcement and community-based partners in the Atlanta area as well. Victims of human trafficking are often fearful and reluctant to talk with law enforcement. The victims are often traumatized through violence or intimidation and are often immigrants from other countries and, as such, unsure of who to turn to for help. The FBI would like to encourage anyone with information regarding human trafficking to contact their nearest FBI field office. Providing the much needed relief from such exploitation is a very gratifying endeavor for the FBI agents working these matters.”
According to United States Attorney Yates, the charges and other information presented in court: The indictment alleges that BELLO brought one young woman from Nigeria to Georgia and compelled her to work in BELLO’s home without pay from October 2001 through March 2004. The indictment further alleges that, after her first victim escaped, BELLO brought a second young woman from Nigeria to Georgia and compelled the labor of the second young woman from November 2004 until April 2006. The indictment alleges that BELLO threatened, physically abused, and isolated both victims from their families in order to force them to work for her without pay, and that she took custody of each victim’s passport and government identification documents in order to maintain their services. This is known as “document servitude.”
Each of the four labor trafficking charges carry a maximum sentence of 20 years in prison and a fine of up to $250,000. The two document servitude counts carry a maximum sentence of five years in prison and a fine of up to $250,000. Lastly, the alien harboring count carries a maximum sentence of 10 years in prison and a fine of up to $250,000. In determining the actual sentence, the court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government's burden to prove the defendant's guilt beyond a reasonable doubt at trial.
This case is being investigated by special agents of the Federal Bureau of Investigation and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
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Tuesday, August 31, 2010
Georgia Man and Woman Indicted for Defrauding Investors
GEOFFREY A. GISH, 56, of Marietta, Georgia, was arraigned yesterday before United States Magistrate Judge Janet King on charges that he and another individual operated a Ponzi scheme. A federal grand jury returned an indictment on August 24, 2010, charging GISH and MYRA J. ETTENBOROUGH, 55, of Roswell, GA, with conspiracy and mail and wire fraud arising out of their operation of GISH’s business, Weston Rutledge Financial Services, Inc. (“Weston Rutledge”), which was located in Marietta and, later, Roswell, Georgia. ETTENBOROUGH appeared for her initial appearance on the indictment on Friday.
United States Attorney Sally Quillian Yates said, “Investors lost millions of dollars that they were told was successfully invested and was generating earnings on their investment. Instead, Mr. Gish and Ms. Ettenborough allegedly made false promises and diverted the money to other uses, including their own personal benefit.”
Brian D. Lamkin, Special Agent in Charge, FBI Atlanta Field Office, stated: “The loss amounts sustained by the many victims in this investment fraud scheme represent the greed of those responsible. While it is hard to avoid becoming a victim of these aggressive and well constructed schemes when the facts and figures being provided are blatantly falsified, people should always be extremely cautious of promises of high rates of returns.”
According to United States Attorney Yates, the indictment and other information presented in court: Beginning in 2005 and continuing to May 17, 2006, GISH and ETTENBOROUGH conspired to defraud and defrauded investment clients of Weston Rutledge by fraudulently misrepresenting the ways in which they used their clients’ money and the purported earnings that the clients’ investments generated. On May 17, 2006, a federal judge froze Weston Rutledge’s assets and appointed a receiver to take over Weston Rutledge and find any and all assets derived from the alleged fraud for return to investors. Despite having received almost $29 million in investments from its clients, Weston Rutledge’s bank accounts had only approximately $1 million of the money raised from investors left when it was placed into receivership. The indictment alleges that GISH and ETTENBOROUGH used the invested funds for a variety of purposes that were different than the purposes and uses represented to investors. None of these uses returned any principal, earnings, or profits to Weston Rutledge that were consistent with or that supported the representations that GISH and ETTENBOROUGH made to investors about the earnings and profits generated with their funds.
The indictment alleges that GISH operated, controlled, and was the primary salesperson for Weston Rutledge, which was headquartered in Marietta, Georgia until August 2005, and thereafter at an office in Roswell, Georgia. GISH also established an office for Weston Rutledge in Denton, Texas. ETTENBOROUGH was Weston Rutledge’s Office Manager, responsible for managing its day-to-day operations, answering questions from investors about their accounts at Weston Rutledge, and maintaining Weston Rutledge’s various bank accounts, including the bank accounts established to receive and disburse investment funds raised from investors.
The indictment alleges that Weston Rutledge’s investment offerings included three pooled investment funds or entities named or referred to as “Zamindari Capital,” the “Lexington International Fund,” (the “Lexington Fund”) and “Oxford Adams.” Zamindari Capital purportedly was involved in bond or note trading “projects” or “programs” that varied in length. The Lexington Fund purportedly was involved in currency trading. Oxford Adams purportedly was involved in index or options investing.
The indictment alleges that to obtain investments, GISH made false representations to investors and potential investors about the uses, security, and profits and earnings of investments in Zamindari Capital and the Lexington Fund. When meeting with investors and potential investors, GISH falsely represented that funds invested in Zamindari Capital would be held in a bank account that was blocked, would not be touched, and not depleted during the course of the investment. GISH falsely represented that money invested in the Lexington Fund would be used for currency trading. GISH falsely promised that Zamindari Capital produced gains of 10-15 percent per month and that Lexington produced gains of 4-8 percent per month depending on the amount invested. GISH provided investors and caused investors to be provided with written materials repeating and confirming these false promises and representations.
The indictment alleges that ETTENBOROUGH, as Weston Rutledge's Office Manager, falsely portrayed to investors that Zamindari Capital and the Lexington Fund were successful investments that generated the returns and “earnings” that GISH promised and caused to be promised. GISH and ETTENBOROUGH sent investors monthly statements that falsely reflected earnings on and the growth of their funds invested in Zamindari Capital and the Lexington Fund. These statements showed increases in investors’ total account balances as a result of purported earnings or gains from the supposed investments.
The indictment alleges that GISH and ETTENBOROUGH used the money invested in Zamindari Capital and the Lexington Fund for a variety of uses and purposes that were different than those represented to investors. These uses and purposes included payments to investors who requested withdrawals or distributions of principal and earnings from their Zamindari Capital, Lexington Fund, and Oxford Adams investments; transfers to third parties purportedly for or in connection with investments or, in certain cases, as loans; payments and transfers to GISH and for his personal benefit; payment of Weston Rutledge’s operating expenses, including ETTENBOROUGH’s salary, other employee salaries, office rent, and travel expenses; payment of commissions to the sales representative working out of the Denton, Texas, office; payments to investors for referring new investors; and transfers to other Weston Rutledge bank accounts that GISH and ETTENBOROUGH established that were not related to Zamindari Capital or the Lexington Fund.
The indictment alleges that Weston Rutledge, Zamindari Capital, and the Lexington Fund did not receive significant and meaningful funds, earnings, and gains back from and as a result of GISH and ETTENBOROUGH's uses of investor money. GISH and ETTENBOROUGH's representations about Zamindari Capital and Lexington Fund earnings and gains, including the account statements that they sent and caused to be sent to investors, were not supported by and consistent with any earnings and gains returned or received from the supposed investments and loans made with investor funds. GISH and ETTENBOROUGH allegedly concealed and failed to disclose these material facts to investors.
The indictment alleges that in December 2005, and until it was placed into receivership on May 17, 2006, Weston Rutledge did not have sufficient funds on hand to satisfy all investor requests for withdrawals of principal and earnings. To help fund requested withdrawals, GISH and ETTENBOROUGH attempted to retrieve some of the money they had sent to a third party as a purported investment or loan. GISH and ETTENBOROUGH were unsuccessful and received no money back. GISH and ETTENBOROUGH delayed paying certain withdrawal requests until they could fund requested withdrawals with money from other investors.
The indictment charges one conspiracy count and 10 counts of mail and wire fraud. The conspiracy charge carries a maximum possible sentence of up to five years and a fine of up to $250,000. Each of the mail and wire fraud charges carry a maximum possible sentence of up to 20 years in prison and a possible fine of up to $250,000. In determining the actual sentence, the court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government's burden to prove the defendant's guilt beyond a reasonable doubt at trial.
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Saturday, June 5, 2010
Owners of Employment Agencies and Restaurants Indicted
Five individuals have been indicted by a federal grand jury in three separate indictments on charges of conspiring to induce undocumented aliens to enter and remain in the United States by providing them with employment, predominantly at Chinese restaurants, all for commercial gain. In addition, three more individuals were arrested yesterday on criminal complaints and are expected to have their bond hearings and arraignments today before United States Magistrate Judge Janet F. King.
United States Attorney Sally Quillian Yates said, “These defendants allegedly provided jobs that frequently exploited the workers by subjecting them to long shifts, six days a week, often with substandard pay and living conditions. On top of that, the defendants took large deductions from the workers’ pay to reimburse themselves for the costs of the employment agencies’ illegal services.”
“We are focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces and by exploiting illegal aliens,” said ICE Acting Special Agent in Charge, Robert Andrews. “By joining forces with the FBI, we will continue rooting out this criminal activity. The message is clear: all employers must play by the rules.”
FBI Atlanta Special Agent in Charge Brian D. Lamkin said, “Yesterday and today's joint FBI/ICE operation should serve as notice to those individuals and businesses that traffic and exploit undocumented immigrants. The FBI remains committed to working with U.S. ICE agents as we enforce federal law.”
The three indictments were unsealed after ICE and FBI conducted joint field operations to arrest the defendants and execute search warrants yesterday and today. Named in the indictments as part of the criminal conspiracies are:
* PILI CHEN, 55, of Tucker, Georgia;
* AI LIN FU, 40, of Norcross, Georgia;
* CHUN YAN LIN, 44, of Chamblee, Georgia;
* XIANG MEI KE, 32, of Duluth, Georgia; and
* JING XING JIANG, 42, of Lawrenceville, Georgia;
According to United States Attorney Yates, the charges and other information presented in court: CHUN YAN LIN, AI LIN FU and PILI CHEN, owned employment agencies, named “New Fuzhou,” “Zhong Mei,” and “Lucky,” all in Chamblee, Georgia, and conspired with others to transport and provide jobs to illegal aliens. The agency owners primarily placed the illegal aliens mainly in restaurant jobs in South Carolina, Pennsylvania, Tennessee, Mississippi, and Georgia. The employment agencies did not require or request any proof that the aliens had permission to be or work in the United States. The employment agencies allegedly advertised in Asian language newspapers and on the Internet. They charged the undocumented aliens a commission and transportation fee to place them in a restaurant or other job site and to drive them there, or in some cases charged the restaurant owners, who deducted the fees from their illegal workers’ modest pay. Another individual arrested yesterday during the ICE/FBI joint enforcement operation, CHUNBIAO XU, 33, of Norcross, Georgia, now faces the same charges as the other employment agency defendants.
Co-conspirators XIANG MEI KE and JING XING JIANG owned and operated restaurants, named “Hong Kong Super Buffet,” in Gainesville, Georgia, and “Fuji Buffet,” in Lawrenceville, Georgia, where they used undocumented aliens brokered by the conspiring employment agencies. The restaurant owners often provided housing, sometimes in their own houses, to the workers in order to better monitor them and shield them from detection, and paid the workers in cash to avoid paying unemployment taxes. Also arrested yesterday were LIANG FENG CHEN, 32, and SAU TING CHENG, 41, both of Duluth, Georgia, who owned and operated “Grand Buffet and Grill,” a restaurant in Duluth, Georgia, and were charged in criminal complaints with conspiracy to encourage and induce aliens to reside illegally in the United States.
PILI CHEN also allegedly transported the undocumented aliens in a private vehicle from the employment agencies to the illegal job sites. The employment agencies used paid drivers to minimize contact between the undocumented aliens and the outside world, including law enforcement.
All defendants face federal charges of conspiring to induce undocumented aliens to enter and remain in the United States by providing them with employment, predominantly at Chinese restaurants, all for commercial gain. AI LIN FU faces additional charges of transporting aliens for the purpose of commercial advantage and private financial gain, in reckless disregard of the fact that the aliens were in the United States and remained here in violation of the law. This joint ICE/FBI investigation continues.
During yesterday’s joint operation, 39 individuals were administratively detained by ICE for being in the United States without documentation. Their cases are expected to be handled administratively and they are expected to be deported from the United States.
The conspiracy charge carries a maximum sentence of up to 10 years in federal prison and a fine of up to $250,000. The transportation charge also carries a maximum sentence of up to 10 years in federal prison and a fine of up to $250,000. In determining the actual sentence, the court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government's burden to prove a defendant's guilt beyond a reasonable doubt at trial.
This case is being investigated by special agents from U.S. Immigration and Customs Enforcement, Department of Homeland Security, and the Federal Bureau of Investigation.
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Wednesday, April 28, 2010
Army Colonel Charged with Producing Own Child Pornography
EDGAR PAGAN-TORRES, 41, of Peachtree City, Georgia, a lieutenant colonel with the U.S. Army, has been indicted by a federal grand jury on child pornography production and possession offenses. PAGAN made his initial appearance before a United States Magistrate Judge on April 15, 2009 and was indicted this afternoon.
United States Attorney Sally Quillian Yates said, “This defendant allegedly sexually abused his own daughter and niece and then produced videos of his crimes, ‘mementos’ that he carefully organized into home video-style DVDs. This shocking and tragic conduct has no place in our nation’s military, nor anywhere else. I appreciate all the hard work the U.S. Army investigators did to bring this case to the FBI and to ensure that the Defendant now faces these very serious charges.”
“Today's indictment and continuing investigation clearly illustrates tremendous interagency cooperation with our global law enforcement partners,” said Brigadier General Colleen McGuire, the Provost Marshal General of the Army and the Commanding General of the U.S. Army Criminal Investigation Command. “Working hand in hand with Federal, State and local law enforcement agencies in cross jurisdictional investigations, we are continually proving our commitment to investigate crimes impacting the Army, wherever they may occur.”
According to United States Attorney Yates, the indictment and evidence in public record and in court: PAGAN was assigned to a military installation in Puerto Rico from 2004 to 2007. At that time, he and his family lived near PAGAN’s sister, who has a daughter the same age as PAGAN’s daughter. In 2008, a year after PAGAN and his family relocated to Peachtree City, PAGAN’s niece made an outcry alleging that PAGAN had molested her and his daughter. In 2009, family members passed this information to law enforcement in Puerto Rico, resulting in PAGAN’s guilty plea last month in Puerto Rico to criminal charges related to his niece’s molestation allegations.
At the same time the Puerto Rican authorities were investigating, agents from the U.S. Army’s Criminal Investigations Division based at Ft. McPherson seized various computers and digital media from PAGAN’s home in Peachtree City. Searches of these items revealed sexually explicit videos PAGAN had made involving his daughter and his niece. Some of the videos were made in PAGAN’s home in Puerto Rico and others were made in his Peachtree City residence. Many of the videos had been transferred from the original recording media to home video-style DVDs organized into chapters. Additional forensic work uncovered a large collection of child pornography PAGAN had downloaded from the internet.
Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government's burden to prove the defendant's guilt beyond a reasonable doubt.
This case is being investigated by Special Agents of the FBI, U.S. Army Criminal Investigations Division, and the Peachtree City Police Department.
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Friday, March 5, 2010
Twenty-Six MS-13 Gang Members Indicted on Racketeering Charges
A federal indictment was unsealed March 4 charging 26 members of the violent street gang called “Mara Salvatrucha”(“MS-13”) with federal racketeering and related crimes in metropolitan Atlanta.
The 29-count indictment alleges that the defendants conspired to participate in the affairs of MS-13, an international violent criminal organization with approximately 10,000 members in various nations in North America, through a pattern of racketeering activity, which included multiple crimes of murder, attempted murder, kidnapping, and robbery in metropolitan Atlanta. It further alleges that the defendants conspired to preserve and enhance the power and reputation of the organization through acts of violence, to keep victims and community members in fear of the organization through acts and threats of violence, and to obstruct and prevent law enforcement officials from identifying, apprehending, and successfully prosecuting members of the gang for their violent criminal conduct.
“MS-13 is a ruthless street gang that has used violence to spread fear throughout our community,” said Sally Quillian Yates, Acting United States Attorney. “These gang members seized every chance they had to kill, shoot and rob. They were not only devoted to wiping out rival gangs, but they showed no hesitation in robbing and shooting innocent victims. Now these gang members have to answer for their criminal behavior. Today’s indictment is the product of tremendous cooperation between federal agents and local law enforcement officers. Because of our intensive collaboration to bring these violent gang members to justice, residents in Gwinnett and DeKalb Counties are safer.”
“Gang members here in Georgia have become a growing problem which law enforcement has been tackling for the past several years and today’s indictments represent a victory for the law enforcement community which has been working relentlessly to pursue them and ensure that they feel the full weight of the law,” said Kenneth Smith, Special Agent in Charge of the ICE Office of Investigations in Atlanta.
“The case shows the value of collaborative efforts of state and federal agencies to bring to justice a dangerous street gang through our combined efforts,” said Danny Porter, Gwinnett County District Attorney. “The Gwinnett County Police Department working with ICE were able to bring charges which led to statements which are integral to the pending federal case. My office moved the cases forward while protecting the integrity of the federal investigation. This type of coordination is becoming more necessary as we face these sophisticated criminal organizations.”
“I applaud the efforts of Acting United States Attorney Sally Yates, her staff and all of those involved in bringing forward this important case. This indictment represents the sort of decisive action against criminal street gangs like MS-13 that is critical in protecting our community from criminal street gang violence,” said Gwen Keyes Fleming, DeKalb County District Attorney. “My office remains prepared to provide the United States Attorney and her staff with whatever assistance and support they might need in bringing this case to a just conclusion.”
Four defendants made their initial appearance in court today and were arraigned on the charges before United States Magistrate Judge Gerrilyn Brill. Nine more defendants are scheduled to make their initial appearance in court and be arraigned on the charges tomorrow. The remaining defendants will make their initial appearance and be arraigned over the next few weeks. The charges were announced at a news conference in Atlanta this afternoon.
According to Acting United States Attorney Yates, the charges and other information presented in court: MS-13 is an international criminal gang that has been present in the Atlanta area since at least 2005. At that time, MS-13 staked out Gwinnett and DeKalb Counties as its territory. MS-13 gang members held meetings where they discussed attacking and killing rival gang members, collected money, shared firearms, and disciplined members who broke gang rules. Sixteen of the indicted defendants are charged for their alleged roles in committing seven murders, including four killings of suspected rival gang members, two murders of robbery victims, and one killing of a fellow gang member. These 16 defendants and others are also charged with shooting nine suspected rival gang members as well as three persons who were not gang members.
The grand jury indicted the individuals listed below on February 24, 2010, and charged them with committing the following offenses:
* MIGUEL ALVARADO-LINARES, a/k/a “Joker”, 21, of Norcross, Georgia, is charged with Racketeering Influenced and Corrupt Organization (RICO) conspiracy, three counts of Violent Crime in Aid of Racketeering (VICAR) involving murder, four counts of VICAR involving attempted murder, and seven counts of using a firearm in relation to the commission of a crime of violence.
* ERNESTO ESCOBAR, a/k/a “Pink Panther” and “Flaco,” 27, of Norcross, Georgia, is charged with RICO conspiracy, two counts of VICAR involving murder, two counts of VICAR involving attempted murder, and four counts of using a firearm in relation to the commission of a crime of violence.
* JOSE DELGADO, a/k/a “Fantasma”, 23, of Lawrenceville, Georgia, is charged with RICO conspiracy, three counts of VICAR involving murder, one count of VICAR involving attempted murder, and four counts of using a firearm in relation to the commission of a crime of violence.
* VICTOR PASTOR, a/k/a “Canario,” 25, of Norcross, Georgia, is charged with RICO conspiracy, one count of VICAR involving murder, one count of VICAR involving attempted murder, and two counts of using a firearm in relation to the commission of a crime of violence.
* ALEX FERRUFINO, a/k/a “Whiskey,” 30, of Tucker, Georgia, is charged with RICO conspiracy, one count of VICAR involving murder, and one count of using a firearm in relation to the commission of a crime of violence.
* JOSEPH IVAN DIAS, a/k/a “Travieso,” 21, of Gainesville, Georgia, is charged with RICO conspiracy, one count of VICAR involving murder, and one count of using a firearm in relation to the commission of a crime of violence.
* DIMAS ALFARO-GRANADOS, a/k/a “Toro,” 27, of Duluth, Georgia, is charged with RICO conspiracy, two counts of VICAR involving murder, two counts of VICAR involving attempted murder, and four counts of using a firearm in relation to the commission of a crime of violence.
* MIGUEL GUEVARA, a/k/a “Blacky,” 26, of Fort Walton Beach, Florida, is charged with RICO conspiracy, one count of VICAR involving murder, one count of VICAR involving attempted murder, and two counts of using a firearm in relation to the commission of a crime of violence.
* KENEDIS BONILLA, a/k/a “Mago,” 28, of Tucker, Georgia, is charged with RICO conspiracy, one count of VICAR involving murder, one count of VICAR involving attempted murder, and two counts of using a firearm in relation to the commission of a crime of violence.
* SALVADOR FRANCO, a/k/a “Smiley,” 25, of Norcross, Georgia, is charged with RICO conspiracy, two counts of VICAR involving attempted murder, and two counts of using a firearm in relation to the commission of a crime of violence.
* EDWIN MENJIVAR, a/k/a “Chilly Willy” and “Vago,” 28, of Norcross, Georgia, is charged with RICO conspiracy, one count of VICAR involving attempted murder, and one count of using a firearm in relation to the commission of a crime of violence.
* WILLIAM ESPINOZA, a/k/a “Cheberria” and “El Crazy,” 29, of Norcross, Georgia, is charged with RICO conspiracy, one count of VICAR involving felony murder, one count of VICAR involving attempted murder, and two counts of using a firearm in relation to the commission of a crime of violence.
* OMAR CUBILLOS, a/k/a “Pancho,” 25, of Gainesville, Georgia, is charged with RICO conspiracy, one count of VICAR involving felony murder, and one count of using a firearm in relation to the commission of a crime of violence.
* CARLOS MENDOZA, a/k/a “Catracho,” 24, of Atlanta, Georgia, is charged with RICO conspiracy, one count of VICAR involving felony murder, and one count of using a firearm in relation to the commission of a crime of violence.
* EMMANUAL HIDALGO, a/k/a “Scooby,” 24, of Chamblee, Georgia, is charged with RICO conspiracy, one count of VICAR involving felony murder, and one count of using a firearm in relation to the commission of a crime of violence.
* JAIRO REYNA OZUNA, a/k/a “Flaco,” 25, of Norcross, Georgia, is charged with RICO conspiracy, one count of VICAR involving murder, and one count of using a firearm in relation to the commission of a crime of violence.
* FRANCISCO RAMOS, a/k/a “Silent,” 25, of Norcross, Georgia, is charged with RICO conspiracy, one count of VICAR involving murder, and one count of using a firearm in relation to the commission of a crime of violence.
* JOSE HERNANDEZ, a/k/a “Sparky,” 22, of Norcross, Georgia, is charged with RICO conspiracy, one count of VICAR involving murder, and one count of using a firearm in relation to the commission of a crime of violence.
* CHRISTOPHER CASTRO RAMIREZ, a/k/a “Demente,” 21, of Norcross, Georgia, is charged with RICO conspiracy.
* ENZO BAIRES, a/k/a “Ghost,” 20, of Norcross, Georgia, is charged with RICO conspiracy.
* IRVIN MEJIA-CRUZ, a/k/a “Lil Triste and Triste,” 29, of Duluth, Georgia, is charged with RICO conspiracy.
* WALTER ALDANA, a/k/a “Goofy,” 19, of Norcross, Georgia, is charged with RICO conspiracy.
* WILLIAM PINEDA, a/k/a “Slayer,” 27, of Lawrenceville, Georgia, is charged with RICO conspiracy, one count of VICAR involving attempted murder, and one count of using a firearm in relation to the commission of a crime of violence.
* ELIO MARROQUIN-LOPEZ, a/k/a “Perico,” 23, of Chamblee, Georgia, is charged with RICO conspiracy, two counts of VICAR involving attempted murder, and two counts of using a firearm in relation to the commission of a crime of violence.
* ALEJANDRO GARCIA, a/k/a “Happy,” 27, of Chamblee, Georgia, is charged with RICO conspiracy, one count of VICAR involving attempted murder, and one count of using a firearm in relation to the commission of a crime of violence.
* REMBERTO ARGUETA, a/k/a “Pitufo,” 21, of Lilburn, Georgia, is charged with RICO conspiracy, one count of VICAR involving felony murder, and one count of using a firearm in relation to the commission of a crime of violence.
Seven other members of MS-13 have also been charged in separate federal indictments. FRANCISCO TEJADA-LANDAVERDE, a/k/a “Soldado,” ALDEN ONAN ESPANA, a/k/a “Kachita,” “Casper,” and “Axel Arias,” JOSE ROBERTO SALAZAR-ORELLANA, a/k/a “Tigre,” RONALD ESCOBAR-AGUINADA, and JUAN REYNALDO CORDOVA, a/k/a “Spunker,” were indicted by the grand jury on October 27, 2009, for committing five armed robberies of convenience stores in Gwinnett County in March 2009. On February 24, 2010, the grand jury indicted JERSON GOMEZ, a/k/a “Salvatrucha,” and ELMER RODRIGUEZ, a/k/a “Chifo,” for committing an armed robbery of a taxicab driver on March 1, 2009. In addition, through the course of this investigation, two other MS-13 members were charged with and sentenced for illegally reentering the United States without authorization. One other MS-13 member was charged with and sentenced for being an alien not lawfully admitted to this country who was in possession of a firearm. Since October 2007, Immigration and Customs Enforcement officials have deported 19 members of MS-13 who were not lawfully present in this country.
In addition to the above federal prosecutions, the state has charged and prosecuted 16 MS-13 members for their criminal gang activities.
Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government's burden to prove a defendant's guilt beyond a reasonable doubt at trial.
This case is being investigated by Special Agents of U.S. Immigration and Customs Enforcement and the Federal Bureau of Investigation, with assistance from the U.S. Marshals Service, Gwinnett County Police Department, DeKalb County Police Department, Norcross Police Department, Chamblee Police Department, and the Gwinnett County Sheriff’s Office.
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Tuesday, November 3, 2009
Former Executives Indicted on Charges of Conspiracy and Securities Fraud Related to Artificial Stock Inflation
DARRYL HORTON, 48, of Okemos, Michigan; BENJAMIN STANLEY, 47, of Kennesaw, Georgia; and RUFUS PAUL HARRIS, 41, of Adairsville, Georgia, made their first appearance today before a United States Magistrate Judge on federal charges of securities fraud and conspiracy in connection with a scheme to defraud investors of the publicly-traded entity known as Conversion Solutions Holdings Corporation (“CSHC”).
HORTON, STANLEY, and HARRIS were indicted on September 15, 2009. HORTON was arrested on October 17, 2009. STANLEY and HARRIS surrendered today.
According to Acting United States Attorney Sally Quillian Yates, the charges and other information presented in court: HARRIS was the founder and Chief Executive Officer of CSHC, STANLEY was the co-founder and Chief Operating Officer, and HORTON was the Chief Financial Officer. The indictment alleges that the three defendants conspired to issue false press releases and financial statements about the company for the purpose of inflating the stock price, while at the same time they were secretly transferring their own shares to family members who sold at the inflated prices.
The indictment charges that the defendants allegedly began issuing a series of press releases beginning in approximately August 2006, that publicly claimed CSHC’s ownership or control of entire issuances of foreign sovereign bonds issued by the Republics of Venezuela and Finland. These bonds were, on their face, worth billions of dollars and paid tens of millions in annual interest. In at least one of the press releases, HARRIS was quoted as stating that, based on CSHC’s acquisition of such large quantities of sovereign debt, “we are looking at a new justifiable reorganization release price of $25.63 [per share].” At the time, CSHC shares generally traded at less than approximately $1 per share. The indictment further alleges that, in October 2006, CSHC issued an annual report claiming as much as $800 million in assets, $500 million of which was in the form of foreign sovereign bonds as stated in at least some of the press releases. Also according to this report and its attachments, CSHC's income included $19,869,792 in interest revenue from those bonds.
The indictment alleges that the three defendants knew these public statements were untrue, and that they knew that CSHC had little if any assets of any value and did not own or control the foreign sovereign bonds and other assets that it claimed to have. CSHC also had little if any in the way of revenue or profits from any business activity.
During the weeks that the alleged misrepresentations were being publicly disseminated via press releases and SEC filings, CSHC's stock price on the open market more than tripled. The stock, which was a "penny-stock" trading for less than $1 per share in August 2006, appreciated to more than $3 per share in October 2006. During this time, HARRIS, STANLEY, and HORTON allegedly transferred substantial quantities of CSHC stock to family members and others, who sold the stock in the open market at artificially inflated prices of between $2-$3 per share.
The indictment charges HARRIS, HORTON, and STANLEY with one count of conspiracy to commit securities fraud and one count of securities fraud each. HARRIS is also charged with one count of providing a false certification of a financial statement. The securities fraud charges carry a maximum sentence of 25 years in prison and a fine of up to $250,000. The false certification of a financial statement charge carries a maximum sentence of 10 years in prison and a fine of up to $1,000,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government's burden to prove the defendants' guilt beyond a reasonable doubt at trial.
This case is being investigated by Postal Inspectors from the United States Postal Inspection Service, and the FBI. This case was referred to the United States Attorney’s Office by the U.S. Securities & Exchange Commission, which previously filed a lawsuit against Conversion Solutions and HARRIS.
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Friday, September 4, 2009
Hephzibah Man Charged with Being a Career Criminal in Possession of Stolen Firearm
Edmund A. Booth, Jr., United States Attorney for the Southern District of Georgia, announced that the federal grand jury sitting in Savannah has returned a two count indictment against Bobby Lee Roberson, age 45, of Hephzibah, Georgia, charging him under the Armed Career Criminal Act with being a felon in possession of a stolen firearm.
Booth stated that the charges in the indictment relate to the February 18, 2008 shooting in the West Lake neighborhood of Martinez, Georgia that was reported in news coverage at the time. Also as reported by news media, the defendant evaded law enforcement officials on this matter until he was arrested on July 27, 2009.
Booth noted that if convicted under the Armed Career Criminal Act, the defendant faces a mandatory minimum sentence of fifteen years' imprisonment and a $250,000 fine. If convicted of possessing a stolen firearm, the defendant faces a maximum statutory penalty of ten years' imprisonment and a $250,000 fine. An initial appearance and arraignment date has not yet been set.
Booth explained that this case is part of the district’s Project Ceasefire initiative, a program devoted to reducing gun violence by prosecuting individuals found in possession of firearms who cannot legally possess them, such as felons and drug dealers.
Booth emphasized that an indictment is only an accusation and is not evidence of guilt. The defendant is entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.
United States Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent Ronald Rhodes conducted the investigation which led to the indictment. Federal Bureau of Investigation Special Agent Brian Ozden led the federal efforts to apprehend Roberson while he was a fugitive. The government is represented in this case by Assistant United States Attorney David M. Stewart.
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Friday, August 7, 2009
Savannah Attorney Benjamin Sheftall Eichholz Indicted on $950,000 Embezzlement Scheme, Lying and Obstruction of Justice
Edmund A. Booth, Jr., United States Attorney for the Southern District of Georgia, announced August 6 the return of a seventy-seven count indictment by the federal grand jury against Savannah attorney Benjamin Sheftall Eichholz, age 58, charging an alleged scheme to embezzle more than $950,000 from employee pension benefit plans established to provide retirement benefits to present and former employees of the Eichholz Law Firm. The charges against Eichholz include Embezzlement from Employee Pension Benefit Plans in violation of Title 18, United States Code, Section 664; Money Laundering in violation of Title 18, United States Code, Section 1957; Mail Fraud in violation of Title 18, United States Code, Section 1341; False Statements in Documents Required to be Filed by ERISA in violation of Title 18, United States Code, Section 1027; Obstruction of Justice in violation of Title 18, United States Code, Section 1505; and False Statements in violation of Title 18, United States Code, Section 1001.
The indictment alleges that beginning in or before 2001 and continuing to in or about October 2008, through a variety of different means, Eichholz embezzled more than $950,000 from two employee pension benefit plans at the Eichholz Law Firm, and then repeatedly executed, mailed and filed false documents with the United States Department of Labor in order to both execute and conceal his embezzlement. The indictment further alleges that during an investigation by the United States Department of Labor of Eichholz and the two employee pension benefit plans at the Eichholz Law Firm, Eichholz made numerous false statements to an investigator with the Department of Labor, and committed other acts to obstruct justice, in a further effort to cover up his embezzlement from the employee pension benefit plans.
Booth noted that, if convicted of the charges, Eichholz faces the following maximum statutory penalties :
Counts One Through Thirty - Embezzlement from Employee Pension Benefit Plans
Imprisonment for not more than five (5) years;
Fine of up to $250,000 (18 U.S.C. § 3571), or both;
Not more than three (3) years supervised release (18 U.S.C. § 3583);
Counts Thirty-One Through Thirty-Four - Money Laundering
Imprisonment for not more than ten (10) years;
Fine of up to $250,000 (18 U.S.C. § 3571), or both;
Not more than 3 years supervised release (18 U.S.C. § 3583);
Counts Thirty-Five Through Forty-Four -Mail Fraud
Imprisonment for not more than twenty (20) years;
Fine of up to $250,000 (18 U.S.C. §3571);
Not more than three (3) years Supervised Release (18 U.S.C. 3583);
Counts Forty-Five Through Fifty-Four False Statements in Documents Required to be Filed by ERISA
Imprisonment for not more than five (5) years;
Fine of up to $250,000 (18 U.S.C. §3571);
Not more than three (3) years Supervised Release (18 U.S.C. 3583);
Count Fifty-Five - Obstruction of Proceedings Before Departments, Agencies, and Committees
Imprisonment for not more than five (5) years;
Fine of up to $250,000 (18 U.S.C. §3571);
Not more than three (3) years Supervised Release (18 U.S.C. 3583);
Counts Fifty-Six Through Seventy-Seven - False Statements
Imprisonment for not more than five (5) years;
Fine of up to $250,000 (18 U.S.C. §3571);
Not more than three (3) years Supervised Release (18 U.S.C. 3583);
Booth stressed that an indictment is only an accusation and is not evidence of guilt. The Defendant is entitled to a fair trial, during which it will be the Government’s burden to prove the defendant’s guilt beyond a reasonable doubt.
Booth stated that agents of the Federal Bureau of Investigation, United States Department of Labor, Internal Revenue Service, and the Savannah-Chatham Metro Police Department conducted the investigation.
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Thursday, June 18, 2009
Ten Indicted on Federal Drug Charges
Edmund A. Booth, Jr., United States Attorney for the Southern District of Georgia, announced that a federal grand jury returned a 32-count indictment against ten individuals charging them with Conspiracy to Distribute Cocaine and Cocaine Base over a fourteen-month period.
Booth stated that the indictment stems from a lengthy investigation of the drug organization operating in what is commonly referred to as the Smallworld or Southside area of Augusta, located in and around the Dogwood Terrace Government Housing Complex.. Booth noted that the defendants have been charged with conspiracy as well as drug distribution and firearms charges.
Those charged in the indictment are Reginald Darrell Beale, age 28 and Latria Grenise Smith, age 26, both of Hephzibah; Thomas Polonco Beale, age 36, Brian Christopher Harris, age 27, Mark Jones, age 52, Sylvester Ruben Lewis, age 33, Jaimere Prosser, age 26, and Marsignor C. White, age 26, all from Augusta; Sequoyah Elam, age 28 from Lincolnton; and Derrick D. King, age 31 from Milledgeville.
Booth stated that, if convicted of the drug conspiracy charge, the defendants face a maximum statutory penalty of 10 years to life imprisonment and a $4 million fine.
Booth stressed that an indictment is only an accusation and is not evidence of guilt. Each defendant is entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
The investigation, which led to the indictment, was conducted by the Federal Bureau of Investigation’s CSRA Safe Streets Task Force which consists of officers and agents from the Federal Bureau of Investigation, the Richmond County Sheriff’s Office, the Columbia County Sheriff’s Office, the Georgia Bureau of Investigation, and the Georgia State Board of Pardons and Paroles. The Drug Enforcement Administration and the United States Marshal’s Service also participated in the investigation. The United States is being represented in this case by Assistant United States Attorneys Nancy Greenwood and Charlie Bourne.
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Wednesday, May 27, 2009
Columbus Lawyer Charged in 40 Count Indictment
Joseph D. Newman, First Assistant United States Attorney for the Southern District of Georgia, announced that a federal grand jury sitting in Macon, Georgia returned a forty-count indictment against Columbus attorney, John Mark Shelnutt, age 46. He was charged with Conspiracy to Launder Money in violation of Title 18, United States Code, Section 1956(h), Money Laundering, in violation of Title 18, United States Code Section 1956, Aiding and Abetting a Cocaine Conspiracy, in violation of Title 21 United States Code, Section 846, Attempted Bribery of a Federal Official, in violation of Title 18, United States Code, Section 201, Witness Tampering, in violation of Title 18, United States Code, Section 1512, Failure to File Cash Reporting Forms, in violation of Title 31, United States Code, Section 5331, and Making False Statements to an FBI Agent, in violation of Title 18, United States Code, Section 1001.
Newman, who is Acting U.S. Attorney on this particular case, stated that the indictment stems from a lengthy investigation of the Torrance Hill drug organization which operated in Columbus between 2004 - 2006. In that case, DEA agents seized over 270 kilograms of cocaine and more than $740,000 in cash. The United States Attorney’s Office for the Middle District of Georgia prosecuted the case against Hill and his conspirators, but recused their office from the current case due to a conflict.
The indictment charges that beginning in 2005 and continuing until 2008, Shelnutt participated in a conspiracy to launder proceeds of Hill’s drug organization. He is also charged with directly aiding and abetting Hill’s drug organization. Shelnutt was also charged in 31 substantive counts of money laundering, three counts of false statement, two counts of failure to file cash reporting forms, one count of attempted bribery, and one count of witness tampering. If convicted of the drug conspiracy charges, Shelnutt faces a statutory penalty of 10 years to life imprisonment and a $4 million fine. If convicted on the money laundering charges, Shelnutt faces a statutory penalty of up to 20 years and a fine of $500,000 on each count. Newman stressed that an indictment is only an accusation and is not evidence of guilt. The defendant is entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
The case was investigated by the Columbus, Georgia Offices of the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Internal Revenue Service Criminal Investigation Division. Rodney G. Benson, Special Agent in Charge of the DEA Atlanta Field Division commended the agents that worked on this long-running investigation. Benson stated, “This investigation would not have been possible without the cooperation of the various participating agencies. This indictment demonstrates that no one is above the law."
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